Ritcher v. Thaler

Decided February 16, 1962

New York Court of Appeals · decided 1962-02-16

Decided 1962-02-16

¶1Concur: Judges Dye, Froessel, Burke, Foster and Hunt*. Judges Fuld and MaoAffer* dissent and vote to reverse upon the ground that to affirm here and to hold invalid the independent nominating petition of appellant Thaler is to permit technicality and literalness to run riot. The Legislature could never have intended such a result as this.

¶2 Designated pursuant to section 5 of article VI of the State Constitution in the temporary absence of Chief Judge Desmond and Judge Van Vooehis.